20071641 Ver 1_Approval Letter_20071107

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Ei. Sullins, Director
Division of Water Quality
November 7, 2007
DWQ# 07-1641
Davidson County
Mr. Ed Comer
c/o Service Recovery Corp
375 Sink Inn Rd
Lexington, NC 27292
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Comer:
You have our approval, in accordance with the attached conditions, to place permanent fill in 75 linear feet of stream
and 0.25 acres of wetland in order to construct one road crossing for the future commercial site located on Sink Inn Rd
in Lexington in Davidson County, as described in your application received by the Division of Water Quality (DWQ)
on October 5, 2007. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3631, which can be viewed on our web site at
http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 39
when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal,
state or local permits before you proceed with your project, including (but not limited to) those required by Sediment
and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when
the accompanying 404 permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier Stream Im act len th
Impact Site 1 Unnamed tributary Michaels Branch 75 linear feet
Identifier Wetland Im act area
Impact Site 2 Riverine wetland adjacent to Michael's
Branch 0.25 acres
No~° Carolina
~atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone] I-877-623-6748
Internet: www.ncwateraualit~ora
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Ed Comer
November 7, 2007
DWQ # 07-1641
Page 2
Culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile)
must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow
for aquatic life movement as well as to prevent head cutting of the streams.
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained
in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such
that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
4. Erosion and sediment control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of erosion and sediment control measures in wetlands or waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the project is completed or, if
applicable, within six months of the date that the project is released by the North Carolina Division of Land
Resources.
No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint
of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources
(DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater
permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more
acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record
keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be
found at http://h2o.enr.state.nc.us/su/Forms Documents.htm.
7. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high
water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in
the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap
required for scour protection. The elevation of the stream bottom must not be increased by the placement of
riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream
of any crossing.

Mr. Ed Comer
November 7, 2007
DWQ # 07-1641
Page 3
All construction activities associated with this project shall minimize built-upon surface area, direct stormwater
runoff away from surface waters, and incorporate best management practices to minimize water quality impacts.
If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has
cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a
point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side
of the stream.
9. You have indicated an impervious surface area of less than 30% in the PCN Application dated July 21, 2007 and
approved by this written 401 Water Quality Certification. You are reminded that if future development of this site
increases impervious surface area above 30% you have triggered Condition No. 4 in GC No. 3631, you will be
required to develop, submit for DWQ approval, and implement Stormwater Management Plans. The stormwater
management plan must include construction plans, specifications, stormwater BMP worksheets, and supporting
calculations. The stormwater best management practices are required to be appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual.
10. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be
returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Mr. Ed Comer
November 7, 2007
DWQ # 07-1641
Page 4
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
tipon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Cert~cation
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Agent's Certi acation
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Engineer's Certi acation
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date